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(영문) 부산지방법원 2018.02.07 2017고정2099

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall intrude into an information and communications network without legitimate access authority or beyond permitted access authority.

On January 5, 2017, at around 04:01, the Defendant intruded into an information and communications network using “C” on the Internet site of a female-friendly job offering victim B, which was known to the general public, without legitimate authority. From that time, the Defendant invaded into an information and communications network 17 times in total by not later than March 2, 2017, as indicated in the daily list of crimes, by not later than March 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a complaint (-a copy of the complaint for civil procedure, a copy of the closure of the NAV, a copy of the data related to civil procedure, and a log access to the NAV account by the complainant and IP);

1. Article 71 (1) 9 and Article 48 (1) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects the Defendant’s mistake, the Defendant has no record of criminal punishment, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc. shall be considered comprehensively, and the punishment shall be mitigated than the summary order by taking into account all the circumstances constituting the conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime.